Thai property lawyer answers common buyer questions
Experienced property lawyers answer recurring buyer questions on foreign quota, nominee structures, lease renewal, transfer taxes, and FET-form compliance. Agents sell lifestyle. Lawyers verify whether the deal is legally safe.
See our property hub and contact a property lawyer before you pay any deposit.
Foreign ownership capped per building under Condominium Act.
Foreign natural persons cannot register land except narrow BOI cases.
Foreign currency remittance proof required for foreign freehold registration.
Using Thai nationals to hold land for foreigners triggers criminal liability.
Questions lawyers hear most often
These recurring buyer questions reflect gaps between marketing language and Thai property law reality.
| Question theme | Lawyer answer summary |
|---|---|
| Can I own land? | No for most foreigners; lease, superficies, or condo paths instead |
| Is 90-year lease ownership? | Only first 30 years statutorily protected; renewals are contractual |
| Developer in-house lawyer? | Represents seller; hire independent counsel for buyer review |
| Does property help my visa? | No automatic immigration status from condo or lease ownership |
| When to pay deposit? | After basic title search and quota confirmation, not before |
What lawyers do before you sign
Qualified counsel follows a structured review ending at the Department of Lands on transfer day.
Ask about quota first
Lawyer confirms foreign ownership certificate from juristic person before condo deposit.
Verify title deed category
Chanote preferred; weaker Nor Sor titles need deeper due diligence.
Review sale agreement
Penalty clauses, payment schedule, and defect warranty before signing SPA.
Plan FET remittance
Wire from abroad in foreign currency; bank issues FET form matching buyer name and purpose.
Calculate transfer taxes
Transfer fee, withholding, and specific business tax depend on seller hold period and assessed value.
Attend Land Department
Lawyer verifies documents and new title deed on transfer day.
Buyer checklist before hiring counsel
Bring these questions to your first lawyer consultation.
- Independent lawyer engaged before deposit, not after dispute arises
- Written fee quote separating diligence, contract review, and transfer attendance
- Title search ordered on seller and unit or land plot
- Foreign quota letter obtained for condo purchases
- Renewal clause enforceability assessed for villa leases
- Nominee or company land structures rejected if proposed by agent
Property hub
Browse our 0 for ownership paths, taxes, and city guides for expat buyers.
Typical legal and transfer fees
Request itemised quotes. Transfer tax calculations involve Revenue Department schedules and assessed values.
| Fee type | Range or note |
|---|---|
| Due diligence | 15,000 to 50,000 THB typical for condo; villas cost more |
| Contract review | Often bundled or billed separately; get scope in writing |
| Transfer attendance | Separate fee for Land Department day representation |
| Transfer taxes | Split between buyer and seller per contract and statute |
| FET coordination | Lawyer works with bank; does not replace KYC interview |
Ask counsel registered with the 0 to review your transaction before you wire a deposit.
Mistakes lawyers see repeatedly
Most disputes were preventable with earlier independent review. Do not wait until after you wire the deposit.
- Trusting agent quota verbal assurance without juristic person letter
- Using developer lawyer as only counsel on off-plan purchase
- Assuming Elite or retirement visa grants land ownership rights
- Paying villa deposit before lease and superficies registration confirmed
- Skipping Thai will because foreign will exists for Thai condo
Frequently asked questions
General answers for expats buying or holding property in Thailand. This is orientation, not legal advice for your specific transaction.
Q:Can foreigners buy property in Thailand?
A:Foreigners may buy condo units within 49% quota. Land requires lease, superficies, or other lawful structures, not freehold.
Q:Do I need a lawyer for a simple resale?
A:Yes. Title verification, FET checks, and SPA review matter even on straightforward Bangkok resales.
Q:Are nominee companies legal?
A:No. Nominee shareholder land structures are illegal and unenforceable.
Q:How much does a property lawyer cost?
A:Due diligence and review commonly run 15,000 to 50,000 THB. Transfer attendance often extra.
Q:Should I use the developer lawyer?
A:Developer counsel represents the seller. Hire independent lawyer owing duty to you alone.
Q:Does buying property help my visa?
A:Property ownership does not replace visa stamps or extension requirements.
Q:What is an FET form?
A:Bank document proving foreign currency remitted from abroad for condo purchase registration.
Q:When should I contact a lawyer?
A:Before paying any deposit or reservation fee. Early review is cheaper than litigation.